Ponnusamy v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2021
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN AND THE HON'BLE MR.JUSTICE R.PONGIAPPAN (Through Video Conference) Ponnusamy
...Petitioner /Father of the Detenue
-Vs1.The Director General of Police, No.1, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Superintendent of Police, Tuticorin District, Tuticorin.
3.The Superintendent of Police, Thiruvallur District, Thiruvallur.
4.The Inspector of Police, SIPCOT Police Station, Tuticorin.
5.The Inspector of Police, Periyapalayam Police Station, Thiruvallur District.
6.Ajithkumar ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1/3
2 to 5 to secure the petitioner's daughter, by name, Kaviya, D/o.Ponnusamy, aged about 19 years, and produce her body or in person from the custody of the 6th respondent and set her at liberty. For Petitioner : Mr.T.Logaiasamy For Respondents 1 to 5 : Mr.T.Senthilkumar, Standing Counsel for State
ORDER
[ORDER OF THE COURT WAS MADE BY V.BHARATHIDASAN, J.] The petitioner is the father of the detenu, namely, Kaviya, D/o.Ponnusamy, aged about 19 years. On the allegation that she has been taken into illegal custody by the sixth respondent, the petitioner has come up with this Habeas Corpus Petition. 2.The learned counsel for the petitioner submitted that alleging the sixth respondent has abducted the girl, the petitioner has approached the fourth respondent police, but no action has been taken and hence, the petitioner has approached this Court. 3.Today when the matter is taken up for hearing, the learned Standing Counsel appearing for the State, on instructions, would submit that the detenue is a major and eloped with the sixth respondent. He further submitted that, now, they have gone to Chennai.
4.Considering the above submissions made by the learned counsel appearing for the parties, the fourth respondent is directed to proceed with the investigation and secure the detenu. On securing the detenue, the fourth respondent police is directed to produce the girl before the concerned Judicial Magistrate. On such production, the learned Judicial Magistrate shall pass suitable orders regarding the custody of the detenue, in accordance with law. 5.With the above directions, this Habeas Corpus Petition is closed The petitioner is also directed to co-operate with the fourth respondent police at the time of investigation. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 2/3
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. To 1.The Director General of Police, No.1, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Superintendent of Police, Tuticorin District, Tuticorin.
3.The Superintendent of Police, Thiruvallur District, Thiruvallur.
4.The Inspector of Police, SIPCOT Police Station, Tuticorin.
5.The Inspector of Police, Periyapalayam Police Station, Thiruvallur District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD)No1245 of 2021 27.08.2021 MGJ(08.09.2021) 3P 7C 3/3